RAM ASHISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) FARDBEYAN of Mahabir Rai informant of the case has been made basis for the F.I.R. which is to the effect that dacoity committed in his house on 2.6.1976 at 2.30 AM, at that time informant was sleeping on a cot at his Darwaza along with Ram Naresh Rai P.W.1 and Ramashis Rai. His daughter-in-law was ill. His wife came out of the house about midnight to take water from well for his ailing daughter-in-law, in the meantime 20-25 persons came at his Darwaza, of them 8-10 remained outside the house and rest entered his Angan. Informant, his son and Bhagna were assaulted by them. Any how his brother succeeded to escape from there, raised alarm and dacoits decamped with looted articles including clothes, ornaments and cash.

(2.) AFTER concluding the trial, the case is ended in conviction and sentence to appellants validity of which is questioned by filing this appeal.

(3.) IN the discussed circumstance it is clear that T.I. parade is conducted in the case after a period of three months and one and half month respectively, appellants were known to the informant due to relation of the informant or appellant no.2 and informant is sole witness to identify appellants in different T.I. parade conducted in the case. So, in my view, also basing such identification conviction of appellants is not safe. Therefore, conclusion reached by the trial court is not liable to sustain.